ILLINOIS
    POLLUTION
    CONTROL
    bOARI)
    September 21, 1995
    MICRO SWITCH (PLANT #1),
    Petitioner,
    )
    V.
    )
    PCI3
    96-66
    )
    (Provisional Variance-RCRA)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION ACENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    Pursuant to Section 35(b)
    of the Environmental Protection
    Act (Act)
    (415 ILCS 5/35(b)), Micro Switch has requested that the
    Illinois Environmental Protection Agency
    (Agency) recommend that
    the Board grant a provisional variance to allow Micro Switch’s
    facility
    in Stephenson county to continue accumulating hazardous
    waste for a period in excess of ninety
    (90)
    days.
    Such request
    for a provisional variance and the Notification of Recommendation
    were filed with the Board by the Agency on Wednesday,
    September
    20,
    1995.
    Pursuant to Section
    35(b)
    of the Act, the Board must
    issue the variance within two
    (2) days of this filing.
    Specifically, the Agency recommends that we grant a thirteen
    (13)-day’ provisional variance from the ninety
    (90)-day
    limitation on the accumulation of hazardous wastes,
    as set forth
    in 35 Ill. Adm. Code 722.134(b), for the period from August 21,
    1995 to September
    2,
    1995.
    Upon receipt of the request, the Agency issued its
    recommendation, notifying the Board that due to unforeseen,
    temporary and uncontrollable circumstances,
    failure to grant the
    requested thirty (30)-day provisional variance would impose an
    arbitrary or unreasonable hardship on the petitioner.
    Provisional variances are by their very nature temporary.
    The responsibilities of the Agency and the Board
    in these short-
    term provisional variances are different from the
    responsibilities in standard variances.
    (Ma
    415 ILCS 5/35(b)
    &
    36(c)).
    In provisional variances it
    is the responsibility of the
    Agency to make the technical determinations and finding of
    arbitrary or unreasonable hardship.
    The Board’s responsibility
    is to adopt a formal order,
    to assure the formal maintenance of
    the record, to assure the enforceability of the variance,
    and to
    1The Agency In the preamble recommends
    iU-days but specifies
    August 21, 1995 to September 2,
    1995 in its recommendation.
    Board
    staff has verified that the Agency intends granting
    of a 13—day
    variance.
    provide notification of the action by a press release.
    Having received the Agency recommendation notifying the
    Board that a denial of the requested relief would
    impose an
    arbitrary or unreasonable hardship, the Board hereby grants the
    petitioner a provisional variance from
    3.5 Ill. Adm. code
    722.134(b) August 21,
    1995 to September 2,
    1995.
    IT
    IS SO
    ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, do hereby certifj that the above order was adopted on the
    c~’/-4~-
    day of
    ..4farn~.iti
    ,
    1995,
    by a vote of
    o~T~UcC~
    4~
    Dorothy M.
    ~in,
    Clerk
    Illinois
    PØlfrution Control Board

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